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SWhat was the mode of payment for all the transactions?
Was any transaction made via Credit Card? If yes, you can claim back the entire amount by the Credit Card Company. Initiate a charge back request stating the product was never dispatched and the seller is a scamster. Attach all evidences and email them. Youāll get entire amount credited back into your Bank A/C.
If you used UPI, then reach out cybercell and UPI platform. You can report it via your appās “Raise Dispute” option or contact the recipient.
SIāll be honest, itās late and when I saw your post I wasnāt going to respond since there are already so many replies. But I see misinformation has been provided so I had to intervene. Also, some crucial facts are missing, please answer them in order to guide you better:1. Was that an arranged marriage ?
2. When did the matrimonial discord begin?
3. Any previous complaints filed by you or the wife?
4. Any evidence ( audio/ video / whatasapp ) to corroborate the mental torture ?
5. Any dowry received?
6. Why did you send a legal Notice? Iām sorey but it always worsens the scenario; alerts the spouse and gives her a golden opportunity to level allegations against you. Whoever advised that either does not have your best interest at heart or has missed the point.
7. Why has she been living with her family for the past month? Any dispute arose?Now as per your queries:
1. Without any delay, file one intimation at nearest police station, stating that matrimonial discord has arisen with your wife and she has threatened to file false cases against you. Please intimate me beforehand and such. Keep a copy of the same stamped and signed.
2. Send the same copy to DCP Office via speed post. Download the delivery report for future reference.
3. File a petition seeking contested divorce and annex the above complaints.
4. Although youāve started on the wrong foot by issuing her a legal notice already, this allows her to seek legal advice, fabricate a story, dile false cases and respond against you.
5. Since you donāt have a child, alimony will be much less. But, it will be decided by you and your spouse, not the court. The court could only suggest a figure, unless she proved cruelty on your behalf. No man with no means can payhence in that case the maintenance amount is less
1. . However, in your case you are a man of means hence, the figure is subjective.
In short, there is no fixed figure. If your spouse is willing to separate, you could be allowed to pay 5 Lakhs and if sheās not ready then 1 Cr might not do. I donāt wish to discourage you but Iām just stating facts that there is kot standard figure depending your package.
Itās better you file the divorce before she files the case or youāll lose this defence as well. Further, Iād or any good lawyer would require answers to above queries in order to guide better.
Hope this helps.SCall 112/100 and intimate the Police over the phone. This gives you an edge since the call is recorded and you receive an event no. Of the complaint.
File a Police complaint stating the nature of threats to you and your family members. Clearly specify :1. what threats have you received.
2. Time and Mobile No.
3. Suspicious personās name.
4. Motive behind such calls.
5. Pray for Police Protection and safety along with immediate action.
6. Also intimate the time you calledThen file a Cyber crime Complaint before the cyber cell of your area along with a copy of above complaint.
Then file the same complaint to DCP Office along with above complaints VIA SPEED POST. Keep the tacking report with you for future reference.
Then, file the same complaint to CM Helpline along with all of the above complaints.
Now, you file a complaint before the Magistrate via one competent local lawyer and annex all of the above complaints. And emphasise your safety as well as your family members.
Hope this helps.SIām glad you have video and audio recordings that most people lack. Some crucial facts are missing, they are needed for better clarity :1. What is MILāa age?
2. Does your father contribute financially to the family? I ask this because you say youāve been facing this for 25-27 years ?
3. Is your mother employed? If not, who runs the expenses of the household?
4. How long had she been married?
5. Any previous complaints/ FIR filed ? Any other communication/intimation indicating the abuse faced by her?
Answer to your queries:
1. Yes hurling abuses, insults and such count as domestic violence. But thereās a catch in your case. MILās age. Is she a Senior Citizen?
2. Your mother can file a Complaint before CAW Cell ( Crime Against Woman ) at your nearest Police station. This complaint further transforms into an FIR.
3. Your mother can also file a domestic violence complaint against the MIL.
4. Any audio/video evidence can be placed on record. Witnesses get you to win the case.
5. Legally, since your mother resides with them, this entitles her with the right to file a DV Complaint. Practiclly, once she files a complaint/ case; you can be demanded to leave the home if MIL is a Sr. Citizen. In case MIL isnāt Sr. Citizen, how do you plan to continue sustenance in case MIl doesnāt allow you to enter the home?
Without above answers, no good lawyer can guide you. As per the stated facts, the period of marriage? age of MIL? your sustenance capability? Earning capability ? previous history ? are crucial factors to help you.
Hope this helps.
SAs per the facts and circumstances of this case, crucial facts are missing which are required for better guidance :1. Does she have an MLC pertaining to the physical violence?
2. Does she have any audio/video evidence that emotional/ verbal violence was committed ?
3. Any communication via whatsapp/ SMA that the husband misrepresented himself as teetotaller ?
4. Any evidence ( documentary/ audio/ video ) that her salary/savings were robbed off / used / consumed by the husband and his family members ?
5. Any evidence in any manner pertaining to the threats / ridicules at family occasions? Any witnesses other than her family members?
6. Would you like to take full custody of the girl child ?
7. Would you like to settle the matter and move on with your life OR would you want him to face legal consequences?
8. Would you prefer saving time by avoiding litigation or take a chance ?
Now, as per your queries :
1. You can file one Domestic Violence complaint in the court of your jurisdiction.
2. You can seek maintenance, residence rights and compensation etc. vide a Dv Complaint.
3. You can file a complaint before CAW ( Crime Against Women ) Cell, by simply filing a complaint at the nearest Police station. This complaint will later transform into an FIR.
4. You can also file a maintenance petition against the husband.
5. Since you have a child, youāll start receiving maintenance in the initial stage of the Maintenance petition / DV Complaint.
6. You can file a divorce petition on the grounds of cruelty. Though the divorce petition usually lingers for a few years ( depending upon your location) and a wife seeking divorce loses alimony most of the times.
Since youāve already decided you donāt wish to cohabit together, Either a divorce OR DV, maintenance and a complaint before CAW Cell must be filed relying upon the answers to above queries.
Iād always recommend out of court settlement wince litigations consume time, energy and health. Also, once you enter litigation prepare yourself to include litigation as a part and parcel of your life. Patience is the key.Hope it helps.
SImmediately email the bank in regards the same and disown your authority from the said funds. Emphasise that since youāve intimated them now youāre not liable to any legal proceedings / bank a/c hold etc, if it arises. Iterate that it is the bank who must be held responsible since youāve no association with said funds along with your intention to give up the said funds to the bank. Do state that now the bank is responsible for any upcoming complaints, if any.Add a note : If the bank still choose to hold the bank -/c hostage in regards to such funds; the bank will be liable for compensation with interest under unethical trade practices, unlawful withholding of funds, misappropriation of funds, criminal breach of trust and such.
SIn that case, it is the husband who must press the perjury application and seek a criminal complaint be filed against the wife before she withdraws the dv complaint otherwise the perjury application will become infructuous.SUnfortunately Yes, Wives are allowed to withdraw the Domestic Violence complaint without any legal consequences. And the same goes for any FIR / Complaint / case that she has filed before any investigative agency in return of a āsettlementā. This is totally legal.EDIT : Wives are allowed to withdraw all of the above without settlement as well. No consideration for harassment faced by Husband and his family members plays any role, unless the husband is willing to put more of his prime years in new litigations seeking defamation, civil damages. Truth be told, most ( almost all husbands ) having been harassed by the system choose not to initiate further proceedings.
SYes, banks do require a succession certificate to release any sum of money or property inside locker in absence of a nominee.1.Write an email to the Bank Manager to confirm the reason behind withholding of Locker contents despite the deposit of required sum of money to release the Locker contents.
2.Ask the manager to respond to your email stating the absence of Succession Certificate.
3. File the copy of that email before the Honāble Court. There you go.
Hope that helps.
SEvery legal document he has ever signed authorising such loans include the clause that Guarantor is liable to pay.Who is the Guarantor ?
SDo not respond to the Notice.And, do not remove the review
Your review is your personal opinion hence, maintainable in eyes of law. You have constitutional rights protecting your review. He can do nothing about it.
In regards to allegations such as shouting in streets, he must have corroborative evidence suxh as cctv footage since every clinic has cctv outside clinics but looking at such ill acts he might resort to a witness. So, you ask two of your best friends to be a witness stating they went to accompany you and nothing like that happened.
Such notice with false accusations come under criminal intimidation, fraud, cheating and such.
Remember, DO NOT RESPOND to the legal notice or any email in any way. Your entire case depends upon it.
